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(영문) 대전지방법원 논산지원 2018.09.12 2017가합2540
당선인결정무효확인청구의 소
Text

1. The decision that the Defendant rendered C on January 16, 2017 as the elected person of the Defendant’s Chairperson is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is the branch of the Korean Senior Citizens Association affiliated with the Korean Senior Citizens Association, and the plaintiff is the defendant's member since 2016.

B) 1) Upon the expiration of the Defendant’s term of office, the Defendant Election Commission publicly announced that the election day of the Chairperson on January 3, 2017 should be registered as a candidate on January 16, 2017, and that C and E should be registered as a candidate until January 9, 2017. 2) Thereafter, the Defendant Election Commission publicly announced that the above two persons were registered as candidates on January 10, 2017.

3) On January 16, 2017, E resigned from the candidate and C became a single candidate. At an election held thereafter, 40 of the 43 electors participated in the voting and 38 of them agreed to become the chairperson of C. The Defendant Election Commission decided C as the elected person of C (hereinafter “instant decision”).

C. Articles of association and regulations of the Korean Senior Citizens Association related to the election of the president (the defendant is subject to the above articles of association and regulations as an organization established in accordance with the articles of association; hereinafter the above articles of association and regulations are referred to as the “instant articles

(1) The members of the Korean Senior Citizens Association (the Articles of Incorporation of the Korean Senior Citizens Association) are as follows. [The members of the Korean Senior Citizens Association (Classification, Qualification, etc. of Members) are nationals of the Republic of Korea over sixty-five years of age who join this Association and have paid membership fees:

1. One chairman;

2. Not more than ten vice-chairpersons;

5. Two auditors (Election of Officers) shall be elected at a meeting of the plenary session chairman, vice-chairman, senior directors and auditors.

Procedures for the appointment of the chairperson of the central association shall be separately determined.

The provisions of Article 2 (Application and Application Mutatis Mutandis) (Application and Application Mutatis Mutandis) shall also apply to the election of the chief of a sub-chapter.

Article 8 (Elections and Candidates): Persons registered as representatives of various levels of meetings of the Korean Senior Citizens Association as of the date of public announcement: At least one year of full-time members aged 65 or older as of the date of public announcement.

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